how to choose an elderly attorney lawyer

You can choose a good elder law attorney by reviewing his/her activity in the elder law section of their state bar. Check to see if they have been active on committees or have been officers of the section. You can also check to see if he or she is a member of the National Academy of Elder Law Attorneys.

Full Answer

What information should I bring to the initial elder law consultation?

Fully informed, open communication will result in the best outcome for estate planning services, long term care planning, and asset protection. Information to bring:

What is legal aid?

In many areas, there are branches of the Legal Services Corporation (also known as “Legal Aid”), which specializes in assisting low-income persons with legal issues.

What to bring to an estate planning appointment?

Once you have arranged an appointment, be sure to bring all information necessary to get the most out of the time with your attorney. Fully informed, open communication will result in the best outcome for estate planning services, long term care planning, and asset protection. Information to bring: 1 Bank and investment account statments including joint accounts 2 Retirement statements including pensions, IRAs and 401 (k)s 3 Mortgage and property tax statements 4 Debt summaries 5 Asset summaries including vehicles, significant posessions, pre-paid funeral plans, and/or expected inheritance 6 Life insurance policies 7 Health insurance policies, including long term care or disability policies 8 Income sources of self and spouse 9 Dependent information 10 Prior estate planning documents including wills, trusts, POA

Do attorneys charge hourly?

Some attorneys will charge clients hourly, while others will charge a flat rate for certain tasks or documents. It is important to know this up front in order to make sure you are comfortable with the arrangements. “A flat rate might appear a bit high at first,” Smith admits, “but you will not be nickel-and-dimed for every five-minute phone call you make.” The objective and scope of work should be well defined (what is included and what is not?), and terms should be clear in case you wish to terminate the agreement.

Do people realize the degree of specialization that exists among attorneys?

“Many people do not realize the degree of specialization that exists among attorneys,” Heiser notes. “You want to make sure that the attorney you hire matches your particular area (s) of concern.”

Does your practice specialize in a particular area of elder law?

Elder law specialists focus on legal and financial issues that frequently affect seniors and their families. This includes wills, trusts, surrogate decision-making (guardianship, conservatorship and powers of attorney), legal incapacity, living wills, public benefits planning (Medicare, Medicaid, SSI and SSDI), long-term care options, and insurance. Knowledge of the tax implications of these matters is also important. Ask the attorney you are considering hiring if they have experience in the area that specifically matches your needs.

Do elder law attorneys handle all matters?

The point is not all elder law attorneys handle all matters. Here are things you can do to narrow down your choice before calling for an appointment: 1. Do not merely rely upon the recommendation of a friend or co-worker. While such tips are very valuable, the attorney may have met their needs but will not meet yours.

Do elder law attorneys give free appointments?

The problem with that advice is that the best elder law attorneys do not give free appointments. They do not have time on their hands, their calendars are often full weeks in advance. And, in point of fact, family members dealing with an urgent matter don’t have time to take off from work and go see two or three attorneys.

Do all attorneys have the same bedside manner?

Not all attorneys have the same “bedside manner.”. Some are very gregarious and seem to spend more time socializing than practicing law. Some are very analytical and can come off “cold and distant.”. Some are “business persons” who seem to sell a “solution for your problem.”.

Is informed action better than none?

In the final analysis when it comes to dealing with problems associated with aging, some informed action is better than none. That is true even if “the attorney is a jerk.”. The alternative to timely protective action is lifetime probate of guardianship.

What can an elder law attorney do?

An elder law attorney can help with common legal issues older people face, including: Disability planning, including creating financial and medical powers of attorney. Establishing guardianships and conservatorships if the senior is not legally capable of granting a power of attorney.

What is the National Academy of Elder Law Attorneys?

The National Academy of Elder Law Attorneys (NAELA) is an excellent resource. Attorneys who are members of NAELA endorse aspirational standards for excellence in practice, and are generally up to date with important developments in elder law.

Can a person who has lived independently for decades live on their own?

Adults who have lived independently for decades may become mentally or physically unable to live on their own. Living arrangements may need to change for the senior’s own safety.

Why Hire an Elder Law Attorney?

The scope and complexity of issues faced by seniors and family members, especially when it comes to planning for the future, can be daunting and confusing. An elder law attorney can relieve family stress in the decision making process and provide a sense of relief that the senior’s affairs are in order.

How to Choose an Elder Law Attorney

When considering retaining an elder law attorney, Paul suggests checking out their website. “See if it is obvious they have extensive experience in elder law,” he says. Paul also suggests asking family, friends, or trusted professionals for a referral.

Who Should Hire An Elder Law Attorney?

Under California law, elder law is a broad term that encompasses many different legal areas. These areas will revolve around senior legal services. Those who require assistance with legal matters surrounding or on behalf of an older person should consider hiring an elder law attorney.

What a Qualified Elder Law Attorney Should be able to Assist You With

An elder law attorney can help you with a multitude of legal issues that may be worrying you. Most elder law attorneys are incredibly knowledgeable in all legal areas that are specific to the elderly population. If you would like to learn about a few of the various ways an elder law attorney can assist you, then have a look at the brief list below.

The Important Questions to Ask an Elder Law Attorney Before Choosing One

It’s crucial to ask a few important questions before you choose to hire an elder law attorney. You want to be sure an attorney can adequately assist you with the senior legal issues you may have.

Get in Touch with a California Elder Law Attorney Today to Discuss Your Estate and Affairs

Elder law legal issues can be incredibly complex matters that often require a qualified elder law attorney’s services. It’s crucial you find an elder law attorney that can help you and that you feel comfortable with as you will likely be working with them for a long time.

What Is an Elder Law Attorney?

Elder law attorneys speciali ze in working with seniors or caregivers of aging family members on legal matters that older adults face as they age. Some elder law attorneys have the designation of Certified Elder Law Attorney (CELA), a certification issued by the National Elder Law Foundation.

How Much Do Elder Law Attorneys Charge?

For conventional estate planning documents alone, the fee could range from a few hundred dollars to a few thousand dollars, depending on the complexity of the estate, says Johns.

What is elder law?

Elder law attorneys help seniors or their family caregivers with legal issues and planning related to aging. Elder law attorneys often assist with tax planning, disability planning, probate and administration of an estate, nursing home placement and many other legal issues. Most elder law attorneys also have professional relationships with social workers, geriatric care managers and other professionals who can assist with additional needs associated with aging.

What to know before hiring an elder law attorney?

Before you hire an elder law attorney, the National Academy of Elder Law Attorneys (NAELA) recommends first making sure you’re facing a legal matter that requires an elder law attorney’s expertise. If you’re unsure, consult your financial advisor, estate planning attorney or other legal professionals who can help you decide whether you may benefit from hiring an elder law attorney.

What is the requirement for an elder law attorney?

A Certified Elder Law Attorney must meet licensing and other requirements, including specific experience in elder law matters and continuing education in elder law. However, if an elder law attorney doesn’t have the CELA certification, they may still be just as experienced or skilled as a Certified Elder Law Attorney.

What to ask an elder law attorney before hiring?

Before hiring an elder law attorney, ask about—and make sure you understand—the fee for the first meeting and subsequent meetings and legal services. Ask about the attorney’s areas of expertise and specialization and whether the attorney is board-certified in elder and special needs law. Also ask if the elder law attorney has any warnings, reprimands, disbarments or sanctions against them in your state or other states.

How much does a probate attorney charge per hour?

Probate of wills and decedent’s estate administration: $250 to $350 an hour, although the rate would be less—$100 to $150 an hour—if the work is performed by paralegals with attorney supervision

Personal Attention, Experienced Representation of Your Elder Law Goals

When choosing an elder law attorney, you should make sure that he or she has comprehensive knowledge of law in practice areas like Medicaid planning and asset protection as well as health care proxies.

Fowler, Doyle, Spiess & Florsch, PLLC: Addressing Your Elder Law Legal Needs

We have the experience, skills and legal knowledge that can give you and your elder relatives the peace of mind you deserve. For a free initial consultation, call 518-663-4167. Feel free to contact us by e-mail or fax too, to discuss elder law or estate planning.

How Elder Law Became a Practice

The Older Americans Act (OAA) was signed into law by President Lyndon B. Johnson and is credited by the American Bar Association with being the foundation for the practice of elder law. The OAA was the first initiative on a federal level to address and provide a wide range of services for senior citizens.

What Areas of Life Can an Elder Law Attorney Be Helpful?

At some point in our life, chances are good we will need the help of an attorney. As we age and begin planning for our retirement future, and ultimately, our death, seeking counsel from an elder law attorney can be beneficial. Attorneys who practice elder law are knowledgeable in several areas that directly affect senior citizens.

What Questions Should I Ask When Choosing An Elder Law Attorney?

If you decide that speaking with an elder law attorney is right for you, there are some questions you will want to consider asking before entering into an agreement. The National Academy of Elder Law Attorneys (NAELA) says in your initial phone call to an attorney’s office, you may end up speaking with the attorney’s secretary or office manager.

What Questions Should I Ask At My First Meeting With An Elder Law Attorney?

NAELA also has a recommended list of questions to ask when you choose an elder law attorney you want to work with. Once you’ve explained your particular situation and the reason for your meeting, you’ll want to find out the answer to the following issues:

How Do I Find An Elder Law Attorney?

If you would like to find an elder law attorney to speak with or work with, asking your friends and family who they recommend is always a good place to start. The National Elder Law Foundation (NELF) is the only national organization that certifies elder and special needs law attorneys.